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Monday, January 6, 2014

New Jersey Coalition against War in the Middle East v. J.M.B. Realty Corp. case brief

New Jersey Coalition against War in the Middle East v. J.M.B.
Realty Corp. case brief summary
650 A.2d 757 (1994)

CASE SYNOPSIS

Appellant anti-war coalition sought
review of the judgment of the Superior Court, Appellate Division (New
Jersey), which affirmed the trial court's holding that appellants did
not have a constitutional right to freedom of speech for leafletting
on societal issues on the premises of respondent shopping centers.

CASE FACTSAppellant anti-war coalition was denied
the right to leaflet at respondent shopping centers and sought
judicial relief to force respondents to allow them to do so. The
trial court denied appellants relief, finding that there existed no
free speech right on respondents' private property and the appellate
court affirmed.

DISCUSSION

On appeal, the court reversed and held that regional
shopping centers, such as respondents, were required to allow such
speech activities under N.J. Constitutional art. I, § 6.

The
court found that there was no such right protected by U.S.
Constitutional Amendment I, but that the New Jersey provision was not
restricted to government interference and that private property
owners were required to allow political speech on their premises
under certain circumstances.

The public nature of regional shopping
centers and their usurpation of the downtown business district were
factors the court relied upon in its decision.

The court held that
leafletting and its accompanying speech were protected at regional
shopping centers, but not smaller centers, and that respondents were
permitted to institute appropriate restrictions on such activity.

CONCLUSIONThe court reversed the judgment of the
appellate court and held that respondent shopping centers, and all
such regional shopping centers, were required to allow political
speech in the form of leafletting and speech in support thereof on
their premises with proper restrictions.

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